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People v. Nathan

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 465 (N.Y. App. Div. 1997)

Opinion

March 17, 1997.

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered September 30, 1994, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Before: Friedmann, J.P., Florio, McGinity and Luciano, JJ.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt of assault in the first degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).

Under the facts of this case, the court properly denied youthful offender treatment to the defendant ( see, CPL 720.20 [a]). The sentence imposed was not harsh or excessive.


Summaries of

People v. Nathan

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 465 (N.Y. App. Div. 1997)
Case details for

People v. Nathan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DURELL NATHAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 17, 1997

Citations

237 A.D.2d 465 (N.Y. App. Div. 1997)
655 N.Y.S.2d 970